Warranty Terms and Conditions

NOVATTE PTE. LTD. Standard Warranty

1. WARRANTY SUPERSESSION

This warranty offer expressly supersedes any conflicting warranty terms listed in purchase orders, verbal agreements, or other warranty information set forth by NOVATTE PTE. LTD. (NOVATTE). This warranty automatically takes effect when the Buyer accepts the delivery of NOVATTE products and does not require any additional agreements.

2. GENERAL INFORMATION

NOVATTE offers Buyers of the M-series workstations, NovaSTACK, M1000 Render Farm, M500 Video Wall, G10 HPC Appliances, X- and R-series servers a free two-year limited warranty and Buyers of the M5 Mobile Workstation a free one-year limited warranty, each as described and limited in this Agreement. The term “Buyer” includes individuals, businesses, third-party vendors, or organizations that render payment for any Product. This limited warranty offered by this Agreement extends only to Buyer and is not transferable to anyone who subsequently purchases, leases or otherwise obtains Product from Buyer. This limited warranty does not cover software or non-NOVATTE branded products. This limited warranty covers parts, and return shipment costs. Buyer assumes shipment costs to NOVATTE. (NOVATTE offers service contracts for additional technical support and support services. Buyer should contact its NOVATTE sales representative for service contract information and terms.) However, this limited warranty does not include products manufactured by third-party vendors. Thus, this limited warranty does not cover third-party equipment, peripherals or monitors offered with NOVATTE Products. In the event of a third-party equipment, peripheral or monitor failure, Buyer should contact the third-party peripheral or monitor manufacturer for warranty redemption.

3. LIMITED WARRANTY TERMS & CONDITIONS

NOVATTE manufactures its Products from new hardware components in accordance with industry-standard practices. NOVATTE warrants its manufactured Products against hardware defects and workmanship for the applicable Limited Warranty Term. NOVATTE warrants its M-series workstations, NovaSTACK, M1000 Render Farm, M500 Video Wall, G10 HPC Appliances, X- and R-series server Products for a free limited two-year term beginning on the date of invoice as described in this Agreement and warrants its M5 Mobile Workstation Products for a free limited one-year term beginning on the date of invoice as described in this Agreement (each applicable time period, the “Limited Warranty Term”) provided that NOVATTE serial number and/or NOVATTE Warranty Seal is not missing, altered or defaced.

This limited warranty does not cover and NOVATTE is not responsible for, including but not limited to, the following: a) delivery or installation, or labour charges for installation or setup of the Product; b) labour charges for the issues not connected with the hardware warranty of the Product; c) damages caused by misuse, abuse, accidents, abnormal or unusually heavy use, improper packaging or handling, neglect, abuse, alteration, improper installation, fire, theft, natural disasters, disappearance, misplacement, viruses, malware, reckless, willful or intentional conduct, improper testing or causes external to the product such as, but not limited to, excessive heat or humidity, connections to improper power source without three-wire grounded power and protection fuse, connections to improper voltage or incorrect electrical line voltage, power fluctuations, power failures, power surges or acts of God; d) damages caused by modification and servicing not authorized by NOVATTE; e) damages caused by usage that is not in accordance with Product instructions; f) damages caused by the combination of NOVATTE branded Products with other non-NOVATTE branded products, accessories, parts or components or use of products, equipment, systems, utilities, services, parts supplies, accessories, applications, installations, repairs, external wiring or connectors not supplied or authorized by NOVATTE which damage the Product or result in service problems; g) software, including the operating system and software added to Product through our factory-integration system, third-party software, or the reloading of software; h) any equipment or components that were not included in Product as originally sold to Buyer; i) normal wear and tear; j) minor imperfections that meet design specifications; k) cosmetic damage or exterior finish that does not affect functionality; l) Products where the NOVATTE serial number and/or NOVATTE Warranty Seal is missing, altered or defaced; m) Products that were used in environments other than those with control temperature and humidity (datacentre), such as residential area, office space, etc; n) with monitors, external speakers, keyboards and mice; o) damage caused as a result of improper transportation or packing/packaging when returning the Product to NOVATTE; p) a Product that requires modification or adaptation to enable it to operate in any country other than the country for which it was designed, manufactured, approved and/or authorized, or repair of Products damaged by these modifications.

Labor charges for the issues not connected with the hardware warranty of the Product are charged on per hour basis at a rate of 400 SGD/hour with the minimum charge of 1 hour per issue and are billed on per hour basis rounded up to the next complete hour.

4. THIRD PARTY PERIPHERALS

As stated previously, this limited warranty does not cover third-party peripherals manufactured by third-party vendors. These peripherals include, but are not limited by, the following categories:

While NOVATTE may supply third-party peripherals with NOVATTE Products, Buyer should consult the third-party peripheral manufacturer for warranty claims related to third-party peripherals.

5. THIRD PARTY SOFTWARE

Similar to the provisions of the third-party peripherals, this limited warranty does not cover third-party software or problems resulting from third-party software installed by either NOVATTE or Buyer. Buyer should forward warranty claims related to third-party software to the appropriate software manufacturer.

6. LIMITED WARRANTY COVERAGE

As stated previously, warranty coverage becomes effective on the invoice date. NOVATTE will repair Products returned to the NOVATTE facility covered under this limited warranty. To request warranty service, Buyer must email NOVATTE Technical Support within the warranty period to determine the appropriate actions. In the event that repair service is required, NOVATTE Technical Support will issue Buyer a Return Material Authorization Number (RMA). Buyer must ship the Products to NOVATTE in their original packing or any other packaging that will protect the returned Product. In addition to the RMA number, Buyer must prepay shipping charges and insure the shipment with an appropriate shipment carrier or accept the risk of loss or damage during shipment.

NOTE: IT IS BUYER’S RESPONSIBILITY TO BACK UP THE CONTENTS OF BUYER’S HARD DRIVE BEFORE SERVICES ARE PERFORMED AND TO REMOVE ANY SENSITIVE, CONFIDENTIAL OR OTHER DATA FROM PARTS OR PRODUCTS RETURNED TO NOVATTE, INCLUDING ANY DATA BUYER HAS STORED OR SOFTWARE BUYER HAS INSTALLED ON THE HARD DRIVE. It is possible that the contents of the hard drive will be lost or reformatted in the course of service and NOVATTE will not be responsible for any damage to or loss of any programs, data, or other information stored on any media or any part of any Product serviced. IF DURING THE REPAIR OF THE PRODUCT THE CONTENTS OF THE HARD DRIVE ARE ALTERED, DELETED, OR IN ANY WAY MODIFIED, NOVATTE IS NOT RESPONSIBLE FOR ANY LOSS OF DATA WHATSOEVER. BUYER’S PRODUCT WILL BE RETURNED CONFIGURED TO THE ORIGINAL FACTORY CONFIGURATION. Before shipping Buyer’s NOVATTE Product to NOVATTE, Buyer should back up all data on the hard-disk drive(s) and storage device(s) used in the Product. In addition, remove any portable media, such as diskettes, CDs, or PC Cards before returning the Product to NOVATTE. NOVATTE does not accept liability for lost data or software. Buyer accepts full responsibility for all software and data stored on Products returned to NOVATTE. NOVATTE is not required to advise or remind Buyer of appropriate backup procedures.

Buyer should note that NOVATTE uses new and/or reconditioned parts made by various manufacturers in performing warranty repairs and when building replacement Products. In addition, Buyer should also note that NOVATTE owns all parts removed from replacement or repaired Products. Replacement parts and repaired Products do not extend the Limited Warranty Term described in this Agreement.

7. GENERAL PROVISIONS

This Limited Warranty Agreement is applicable to all NOVATTE Products.

NOVATTE’S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN HARDWARE IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THIS AGREEMENT. ALL FREE WARRANTIES FOR THE PRODUCT ARE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE AND NO WARRANTIES WILL APPLY AFTER SUCH PERIOD. EXCEPT AS OTHERWISE PROVIDED HEREIN OR UNDER APPLICABLE LAW, ALL PRODUCTS ARE PROVIDED “AS IS” AND WITH ALL FAULTS, AND NOVATTE HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS ON WARRANTIES. THUS, THE PRECEDING LIMITATION MAY NOT APPLY TO BUYER. HOWEVER, THE ABOVE LIMITATIONS SHALL BE ENFORCED, OR REFORMED IF NECESSARY, TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW.

NOVATTE DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS AGREEMENT OR LIABILITY FOR INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, INTERRUPTION OF BUSINESS, INTERRUPTION OF COMMUNICATION SERVICE, FOR LOST DATA, LOST SOFTWARE, LOST PROFITS, OR LOSSES ARISING FROM EVENTS BEYOND NOVATTE’S CONTROL (SUCH AS ACTS OF GOD, VIRUSES, PROPERTY DAMAGE BY BUYER OR THIRD-PARTY), OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, HOWSOEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

If any provision contained in this Agreement is for any reason held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision of this Agreement. This Agreement will be construed as if such invalid, illegal or unenforceable provision had never been included, unless the invalidity of any such provision substantially deprives either party of the practical benefits intended to be conferred by this

8. AGREEMENT

Notwithstanding the foregoing, any provision of this Agreement held invalid, illegal or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable, and the determination that any provision of this Agreement is invalid, illegal or unenforceable as applied to particular circumstances will not affect the application of such provision to circumstances other than those as to which it is held invalid, illegal or unenforceable.

Neither NOVATTE nor its affiliates assume any responsibility for inaccuracies, errors, or omissions that may be contained herein. Neither NOVATTE nor its affiliates will be held liable for direct, indirect, special, punitive, incidental, or consequential damages resulting from document defects or information omission within this document, even if advised of the possibility of such damages.

NOVATTE reserves the right to make improvements or changes to this document and the Products and services described at any time without notice or obligation.